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Lockdown Leads To An Increase In Domestic Violence
Historical context: This article discusses reports during the 2020 COVID-19 lockdown. The legal explanation below was updated September 30, 2026.
Since the coronavirus lockdown began, reports of domestic violence have increased. Here in South Florida, a nonprofit group dedicated to assisting victims of domestic violence has seen the number of calls they are receiving more than double.
While contacting such a group can be an important step toward escaping an abusive relationship, anyone who is a victim of violence should contact local law enforcement immediately by calling 911 or the Florida Domestic Violence Hotline at 1-800-500-1119.
Florida law enforcement officials take reports of domestic violence very seriously, as they should. Domestic violence can be charged as a misdemeanor or a felony, and a conviction can result in imprisonment, fines, court fees, probation, immigration consequences, a restraining order, and/or mandatory enrollment in lengthy domestic violence treatment programs. Parenting restrictions and firearm consequences depend on the specific conviction, applicable law, and court orders. They are not automatic or identical in every case.
These penalties are harsh, so anyone who is planning on contesting a domestic violence charge should work with an experienced criminal defense attorney like Antonio Valiente.
How Florida Treats Domestic Violence Cases
Florida considers domestic violence a crime, not a personal matter. The alleged victim cannot unilaterally dismiss a criminal case. Prosecutors make charging decisions, and courts can rule on legally sufficient grounds for dismissal. Even if the alleged victim does not wish to press charges, the state can still pursue the case. This is why it is critical to work with a criminal defense attorney who knows the ins and outs of the law, and what it takes to get charges dropped or have a judge rule not guilty.
Although each case is unique, a number of defenses can be asserted against a domestic violence charge. In cases where false allegations are made out of spite, particularly in contentious divorces and child custody disputes, our team works to expose inconsistencies between the accuser’s claims, police records, and witness accounts.
Self-defense or defense of another depends on the evidence and section 776.012. Nondeadly force requires a reasonable belief that it is necessary against imminent unlawful force. Deadly force has a higher threshold involving imminent death, great bodily harm, or a forcible felony. The law does not reduce every encounter to a requirement to use the least possible force; necessity, the degree of force, initial-aggressor rules, and any duty to retreat must be analyzed under the applicable statutes.
Our team will go over the details of your specific case to determine what defenses are open to you, and advise you throughout your case.
Each case is different because each family is different, so there is no way of predicting how your case will turn out just by reading through a blog on an attorney’s website. If you would like Attorney Valiente or another member of our team’s advice about your case, the best thing to do is make an appointment for an initial consultation. Contact the office for current consultation options.
Florida’s Domestic-Violence Definition
Section 741.28 includes assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, and other criminal offenses resulting in physical injury or death of one family or household member by another.
Family or household members include spouses, former spouses, people related by blood or marriage, people presently residing together as a family or who previously did so, and parents of a child in common. Except for parents of a common child, they must currently reside or previously have resided together in the same single dwelling. Friendship or dating alone does not automatically satisfy this definition, although other criminal laws or injunction statutes may apply.
Battery can involve intentional unwanted touching without visible injury. Assault instead concerns an intentional unlawful threat, apparent ability, and a well-founded fear of imminent violence. Domestic violence is not simply another name for battery, and insults alone do not automatically establish a listed crime.
Criminal No-Contact Conditions and Civil Injunctions
A criminal court may impose no-contact or other release conditions in a prosecution. A civil domestic-violence injunction is a separate proceeding with its own petition, evidence, and hearing requirements. An allegation does not automatically create a permanent injunction. Obey every existing order unless the court changes it; permission from the protected person does not itself modify a no-contact condition.
Posted in: Domestic Violence